Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
C.HARI SHANKAR, OM PRAKASH SHUKLA
Vasundhra Jewellers Pvt. Ltd. – Appellant
Versus
Vasundhara Fashion Jewellery Llp – Respondent
C. HARI SHANKAR, J.
1. This appeal assails order dated 19 July 2023 passed by a learned Single Judge of this Court in IA 4154/2022 in CS (COMM) 161/2022, Vasundhra Jewellers Pvt. Ltd. v Vasundhara Fashion Jewelery LLP & Anr
2. The appellant is the plaintiff, and the respondents are the defendants in the suit, which is presently pending before the learned Single Judge.
3. In the suit, the appellant has sought a decree of permanent injunction, restraining the respondents and all others acting on their behalf from manufacturing, selling, exporting, advertising or in any other manner dealing with jewellery, precious stones, gems and any other allied or cognate goods or services under the marks and domain names VASUNDHARA JEWELLERS, VASUNDHRA, 
or 
, the domain name www.vasundhara.in or any other mark, label or domain name which is identical or deceptively similar to the appellant’s marks VASUNDHRA, VASUNDHRA JEWELLERS, 
or VASUNDHRA.
4. The suit was accompanied by IA 4154/2022, preferred under Order XXXIX Rules 1 and 2 of the CPC, whereby the appellant prayed that, pending disposal of the suit, the respondents be injuncted from using the aforenoted marks VASUNDHARA JEWELLERS, VASUNDHRA, 
or
 | ||||
 | ||||
 |
 |  | |
 |  | |
 |  | |
 |
 |  | |
 |  | |
 |  | |
 |
In trademark disputes, a plaintiff must establish goodwill to succeed in passing off actions, and demonstrating bona fide use prevails over prior use claims where underlying rights are transferred.
The defendant was entitled to the benefit of defense under Section 35 of the Act as it had been using the mark 'VASUNDHARA' in a bona fide manner since 2001.
The judgment emphasizes that the exclusive right to use a trade mark is limited to what has been registered and cannot extend to common names. It also highlights the importance of distinctiveness, go....
The plaintiff failed to establish exclusive rights over the common name 'VASUNDHRA', resulting in dismissal of the injunction application due to lack of a prima facie case.
The court held that registration of trademarks does not grant exclusive rights over a common or partially generic term, emphasizing the need for distinctiveness to prevent confusion.
A claimant may fail to make out a case of infringement of a trade mark for various reasons and may yet show that by imitating the mark claimed as a trademark, or otherwise, the Defendant has done wha....
The prior user of a trademark has superior rights in passing off actions, regardless of subsequent registration by another party.
The main legal point established in the judgment is the entitlement of the plaintiff to a permanent injunction for passing off its mark 'SANDHI SUDHA' and the consideration of the defendants' non-rep....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
